[tebruno99]

Part of the law is that the infringer has to have had access to the work that he/she is accused of "stealing"

An Algorithm has no access and could have never heard the work in question..

[mooman219]

The individual writing the algorithm certainly can have access. If I copy a song, I can't say that the tool I used didn't have access as a defense because that makes no sense.

[dwild]

> The individual writing the algorithm certainly can have access.

Sure he can have access, but looking at the algorithm you can prove without a doubt that the algorithm couldn't have access to it.

> If I copy a song, I can't say that the tool I used didn't have access as a defense because that makes no sense.

You could have given access to the song to the tools that you used though.